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Web Hosting Terms and Conditions

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					                    Web Hosting Terms and Conditions
These Terms and Conditions are for Hosting Packages provided by
Purple Eco Monkey though our Web Hosting Partner LEC Hosting.
You indicate acceptance of these terms and conditions of service by placing an order with
LEC Hosting.

These terms and conditions will not be varied for individual customers.


1         DEFINITIONS

1.1       In this Agreement the following words and expressions shall have the following meanings:

1.1.1     "downtime" means any service interruption in the availability to visitors of the Website;

1.1.2      "intellectual property rights" means patents, trademarks, design rights, applications for any
of the foregoing, copyright,
topography rights, database rights, rights in know-how, trade or business names and other similar
rights or obligations,
Whether registrable or not in any country;

1.1.3     "LEC Hosting" means LEC Hosting.

1.1.4     "IP address" stands for internet protocol address which is the numeric address for the
server;

1.1.5     "ISP" stands for internet service provider;

1.1.6      "server" means the computer server equipment operated by LEC Hosting in connection
with the provision of the Services;

1.1.7        "the Services" means web hosting, domain name registration, email and any other services
or facilities provided by LEC Hosting.

1.1.8     "Spam" means sending unsolicited and/or bulk emails;

1.1.9       "Virus" means a computer programme that copies itself or is copied to other storage media,
including without limitation
magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and
destroys, alters or
corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and
includes without
limitation computer programs commonly referred to as "worms" or "Trojan horses";

1.1.10    "visitor" means a third party who has accessed the Website;


1.2       Product specifications and details may be found at http://lec-hosting.co.uk/.

1.3      Words denoting the singular shall include the plural and vice versa and words denoting any
gender shall include all genders.

1.4         The headings of the paragraphs of this Agreement are inserted for convenience of
reference only and are not intended to be
part of or to affect the meaning or interpretation of this Agreement.

2         INTRODUCTION
2.1        The Customer wishes to provide LEC Hosting with data that will be hosted on LEC
Hosting's servers and made accessible via
the Internet.

2.2       LEC Hosting provides web hosting services and has agreed to host the Customer's data
upon the following terms and conditions.

3         DUTIES

3.1        LEC Hosting shall provide to the Customer the Services specified in their order subject to
the following terms and conditions.

3.2        The Customer shall deliver to LEC Hosting the website and the software used in the
website which is owned by the Customer,
or licensed to him by a third party or LEC Hosting ("the Customer Software"), in a format specified by
LEC Hosting.

4         CHARGES, PAYMENT AND MONEY-BACK GUARANTEE

4.1        Payment methods include credit cards (including MasterCard and Visa), debit cards
(including Switch/Maestro),
PayPal and direct debits

4.2        LEC Hosting do not accept cheques, bank transfers, postal orders, cash or any other form
of payment other than those
outlined in 4.1

4.3       The Charges are exclusive of VAT, which if payable shall be paid by the Customer.

4.4        LEC Hosting shall be entitled to charge interest in respect of late payment of any sum due
under this Agreement, which shall
accrue from the date when payment becomes due from day to day until the date of payment at a rate
of 8% per annum above the
base rate of the Bank of England from time to time in force.

4.5       LEC Hosting do not provide credit facilities.

4.6        From time to time LEC Hosting may make enquiries on the Customers Company, proprietor
or directors of the Customers Company
with credit reference agencies. These agencies may record that a search has been made and share
this information with other businesses.

4.7         LEC Hosting provides "Money-Back Guarantees" on certain products. Should your product
qualify for this guarantee please raise
  A support ticket at htt://www.lec-hosting.co.uk/ within 30 days of placing your order for a full refund.
This guarantee
  Excludes domain names which may not be cancelled once ordered. Customers are limited to using
the money-back guarantee once.

4.8       Pro-rata refunds will not be issued for yearly services that are cancelled before the end of
the year.

4.9 Should your chosen payment method fail LEC Hosting will attempt to settle your invoice using any
other payment facilities available on your account.

4.10 All services will renew until cancelled by the customer. LEC Hosting emails the customers
primary email address prior to renewal of services, it is the customer’s responsibility to cancel
services prior to renewal as no refund can be made once renewal has occurred. Customers must
notify us at least 72 hours before a service is renewed if they wish to cancel that service. The
cancellation process must be fully completed by you before your account is cancelled.

5         IP ADDRESSES

5.1        LEC Hosting shall maintain control and ownership of the IP address that is assigned to the
Customer as part of the Services and reserves the right in its sole discretion to change or remove any
and all IP addresses.

5.2      Where LEC Hosting changes or removes any IP address it shall use its reasonable
endeavours to avoid any disruption to the Customer.

6         SOFTWARE LICENCE AND RIGHTS

6.1        If the Customer requires use of software owned by or licensed to LEC Hosting ("LEC
Hosting's software") in order to use the Services, LEC Hosting grants to the Customer and its
employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-
transferable, non-exclusive licence to use LEC Hosting Software in object code form only,
in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not
transfer or grant to the Customer any right, title, interest or intellectual property rights in LEC Hosting
Software.

6.2        In relation to LEC Hosting's obligations under this Agreement in connection with the
provision of the Services, the Customer grants to LEC Hosting a royalty-free, world-wide, non-
exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images,
moving images, sound, illustrations and other material and related documentation featured, displayed
or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement
does not transfer or grant to LEC Hosting any right, title, interest or intellectual property rights in the
Customer Software or the Content.

6.3        The Customer undertakes that he will not himself or through any third party, sell, lease,
license or sublicense LEC Hosting Software.

6.4        LEC Hosting may make such copies of the Customer Content as may be necessary to
perform its obligations under this Agreement, including backup copies of the Content. Upon
termination or expiration of this Agreement, LEC Hosting shall destroy all such copies of the Content
and other materials provided by the Customer as and when requested by the Customer.

7         SERVICE LEVELS AND DATA BACKUP

7.1 LEC Hosting shall use its reasonable endeavours to make the server and the Services available
to the Customer 100% of the time but because the Services are provided by means of computer and
telecommunications systems, LEC Hosting makes no warranties or representations that the Service
will be uninterrupted or error-free and LEC Hosting shall not, in any event, be liable for interruptions of
Service or downtime of the server.

7.2        LEC Hosting carries out data backups for use by LEC Hosting in the event of systems
failure. LEC Hosting do not provide data restoration facilities for individual customers. Even though
every effort is made to ensure data is backed up correctly LEC Hosting accepts no responsibility for
data loss or corruption.

8         ACCEPTABLE USE POLICY

8.1        The website and use of the Services may be used for lawful purposes only and the
Customer may not submit, publish or display any content that breaches any law, statute or regulation.
In particular the Customer agrees not to:

8.1.1     Use the Services or the website in any way to send unsolicited commercial email or
"spam", or any similar abuse of the Services;
8.1.2    Send email or any type of electronic message with the intention or result of affecting the
performance of any computer facilities;

8.1.3      Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful
material or information, or any material or information which infringes any intellectual property rights
(for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or
on the Website;

8.1.4       Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and
publicity) of others;

8.1.5     Engage in illegal or unlawful activities through the Services or via the Website;

8.1.6      Make available or upload files to the website or to the Services that the Customer knows
contain a virus, worm, Trojan or corrupt data; or

8.1.7     obtain or attempt to obtain access, through whatever means, to areas of LEC Hosting's
network or the Services which are identified as restricted or confidential. This includes leaving your
home directory whilst using SSH access to servers.

8.1.8     operate or attempt to operate IRC bots or other permanent server processes.

8.2      The Customer has full responsibility for the content of the Website. For the avoidance of
doubt, LEC Hosting is not obliged to monitor, and will have no liability for, the content of any
communications transmitted by virtue of the Services.

8.3       If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 LEC
Hosting shall be entitled to withdraw the Services and terminate the Customer's account without
notice.

9         ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online account
management facility, FTP access or SSH access where available. The Customer will be issued with a
user name and password in order to access the account. The Customer must take all reasonable
steps to maintain the confidentiality of this user name and password. If the Customer reasonably
believes that this information has become known to any unauthorised person, the Customer agrees to
immediately inform LEC Hosting and the password will be changed.

10        WARRANTIES

10.1       The Customer warrants and represents to LEC Hosting that LEC Hosting's use of the
Content or the Customer Software in accordance with this Agreement will not infringe the intellectual
property rights of any third party and that the Customer has the authority to license the Content and
the Customer Software to LEC Hosting as set out in Clause 6.2.

10.2       All conditions, terms, representations and warranties that are not expressly stated in this
Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise,
including, without limitation, the implied warranty of satisfactory quality and fitness for a particular
purpose are hereby excluded. In particular and without prejudice to that generality, LEC Hosting shall
not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11        INDEMNITY

            The Customer agrees to indemnify and hold LEC Hosting and its employees and agents
harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in
relation to any claims or actions brought against LEC Hosting arising out of any breach by the
Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12        LIMITATION OF LIABILITY
12.1      Nothing in these terms and conditions shall exclude or limit LEC Hosting's liability for death
or personal injury resulting from LEC Hosting's negligence or that of its employees, agents or sub-
contractors.

12.2       The entire liability of LEC Hosting to the Customer in respect of any claim whatsoever or
breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges
paid for the Services under this Agreement in respect of which the breach has arisen.

12.3       In no event shall LEC Hosting be liable to the Customer for any loss of business, loss of
opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
This shall apply even where such a loss was reasonably foreseeable or LEC Hosting had been made
aware of the possibility of the Customer incurring such a loss.

13        TERM AND TERMINATION

13.1       This Agreement will become effective on the date the service is ordered and shall continue
until terminated by either party in writing of its intention to terminate the Agreement.

13.2       LEC Hosting shall have the right to terminate this Agreement with immediate effect by
notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3      Either party may terminate this Agreement forthwith by notice in writing to the other if:

           13.3.1    the other party commits a material breach of this Agreement and, in the case of a
breach capable of being remedied, fails to remedy it within a reasonable time of being given written
notice from the other party to do so; or

         13.3.2    the other party commits a material breach of this Agreement which cannot be
remedied under any circumstances; or

           13.3.3  the other party passes a resolution for winding up (other than for the purpose of
solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that
effect; or

13.3.4    the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5     the other party is declared insolvent, or convenes a meeting of or makes or proposes to
make any arrangement or composition with its creditors; or a liquidator, receiver, administrative
receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4       Any rights to terminate this Agreement shall be without prejudice to any other accrued
rights and liabilities of the parties arising in any way out of this Agreement as at the date of
termination.

13.5      On termination all data held in the customer’s account will be deleted.

14        ASSIGNMENT

14.1      LEC Hosting may assign or otherwise transfer this Agreement at any time.

14.2     The Customer may not assign or otherwise transfer this Agreement or any part of it without
LEC Hosting's prior written consent.

15        FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or
failure results from events or circumstances outside its reasonable control, including but not limited to
acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway
authorities or any telecommunications carrier, operator or administration or other competent authority,
the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production,
or supply by third parties of equipment or services, and the party shall be entitled to a reasonable
extension of its obligations after notifying the other party of the nature and extent of such events.

16        SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court
of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof
shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or
unenforceable provision eliminated.

17        NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded
delivery to the address of the other party as appearing in this Agreement or such other address as
such party may from time to time have communicated to the other in writing, and if sent by email shall
unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall
be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery
shall be deemed to be served 2 days following the date of posting.

18        ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject matter and
supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This
Agreement may be updated without notice.

19        GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and the
parties hereby submit to the exclusive jurisdiction of the English courts.

20        DOMAIN NAME REGISTRATION

20.1      Domain names are not deemed to be successfully registered until they appear in the
relevant whois database of the top level domain name registrar. In the event that a domain name is
unavailable when we attempt to register it LEC Hosting will provide a full refund for that domain name.

20.2      Please return to the main terms and conditions area of this website to view terms and
conditions for individual domain name registrars.

21        SCRIPTING

LEC Hosting are not responsible for customer programming issues other than ensuring that
programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting
system.

22        PRIVACY

To protect your privacy we will not distribute your details to third parties, unless required to do so by
law.

23        DATA TRANSFER

23.1      Web hosting accounts include a certain amount of data transfer, if you exceed this amount
in any one month your account will be deactivated until you have upgraded to an account that has
more data transfer included.

23.2       Web hosting accounts are prohibited from hosting file distribution websites (including but
not limited to music, video and software), adult content orientated websites, hosting banners, graphics
or cgi scripts for other websites, storing pages, files or data as a repository for other websites or
personal computers, giving away web space under a domain, sub domain or directory.

24 SERVER USAGE

Should your account use more than 5% of the servers processing power and as a result have a
detrimental effect on other customers we will discuss with you alternative solutions for your hosting
requirements.

25        AFFILIATE PROGRAMME

Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit
mandate on your account. It is the customers responsibility to ensure they have this facility. In the
event of the customer not being able to obtain this facility then no commission will be paid.

26        EMAIL NEWSLETTER

LEC Hosting communicates with its customers via email and as such you agree to receive by email
our regular newsletter which contains amongst other things changes to our terms and conditions,
notification of major outages, updates to our products and features and special offers.

27        WEBSPACE USAGE

Unlimited web space is available for genuine web site content, content must be linked into web pages.
Customers are prohibited from using the server as a file/backup repository. Customers are expected
to employ good housekeeping when maintaining their account.

28 MAIL BOXES

Mail boxes not accessed for 100 days or more will be deleted from the system.

				
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